도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
On July 25, 2014, the Defendant issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the Southern District Court of the Jeonju on July 25, 2014.
On February 12, 2020, at around 01:15, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of about 0.068% at a section of about 30 meters from the Do in front of Cpentathy to the road before Cpentathy.
Summary of Evidence
1. Statement E of the defendant in court;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report attached to the same type of power), application of summary order Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act, even though he/she had a history of criminal punishment due to drinking driving, driving again under the influence of drinking, and the risk of such act is high.
However, the defendant seems to have taken the attitude that he would not drive under the influence of alcohol again while reflecting his own mistake; the blood alcohol concentration level of this case is relatively high; the defendant drives a relatively short distance of 30 meters while waiting for a vicarious driving; the defendant's age, character and behavior, environment, circumstances and results of the crime of this case; and various sentencing conditions indicated in the records, such as the circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors: the defendant's age, character and behavior, the circumstances after the crime of this case; and the situation after the crime.